Twitter accused Elon Musk of publicly “disparaging” the social media platform and violating his merger agreement before backing out of the $44 billion bid altogether.
In its lawsuit, filed Tuesday, Twitter cited a May 16 tweet from Musk that used a smiling poop emoji to respond to several tweets from the social media platform’s CEO, Parag Agrawal, that attempted to explain its policies and procedures intended to combat spam and fake accounts.
? = bs
— Elon Musk (@elonmusk) July 13, 2022
Musk clarified the meaning of his tweet, using the emoji to mean “bs.”
As part of his bid to take over Twitter, the Tesla CEO requested information regarding the number of spam bots on the social media platform. Not satisfied with an answer, Musk filed documents with the SEC last week giving notification of the cancellation of his offer to buy Twitter, sparking the lawsuit against him.
In court filings, obtained by the Daily Mail, Twitter claimed “Musk responded with another disparaging Tweet” and included an image of the poop emoji.
Twitter also claimed to comply with Musk’s requests but became concerned that oversharing information could pose “competitive harm” to the platform.
“Steadfast in its commitment to consummate the merger, Twitter continued to try to get Musk’s team what it demanded while safeguarding its customers’ data and harboring very real concerns about how Musk might use the data if he succeeded in escaping the deal,” the lawsuit stated.
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Kathaleen McCormick, the first female chief judge on Delaware’s business court, will oversee the lawsuit.
Among her first decisions, McCormick will address Twitter’s request to hold a four-day trial in September.
